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The Major Accident Off-Site Emergency Plan (Management of Waste from Extractive Industries) (England and Wales) Regulations 2009
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- UK Statutory Instruments
- 2009 No. 1927
- Regulation 9
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9.—(1) To the extent that they would not otherwise do so and excluding any provisions that relate only to Scotland, sections 33 to 42 (provisions as to offences) of the 1974 Act apply, subject to paragraphs (2), (3) and (4) of this regulation and with any necessary modifications, to these Regulations as if they were health and safety regulations for the purposes of that Act, except that those sections do not apply to duties placed on the competent authority under these Regulations.
(2) The enforcing authority for the purposes of these Regulations is not the Health and Safety Executive.
(3) The competent authority is the enforcing authority for the purposes of these Regulations but, for the purposes of regulation 8(1), only to the extent that the duty to provide information mentioned in regulation 8(1) is not otherwise enforceable by the [F1regulator] under [F2the 2016 Regulations] .
(4) The maximum penalty for an offence under this regulation is—
(a)on summary conviction, imprisonment for a term not exceeding 3 months or [F3a fine]; and
(b)on conviction on indictment, imprisonment for a term not exceeding two years, or a fine, or both.
Textual Amendments
F1Word in reg. 9(3) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 4 para. 329 (with Sch. 7)
F2Words in reg. 9(3) substituted (1.1.2017) by The Environmental Permitting (England and Wales) Regulations 2016 (S.I. 2016/1154), reg. 1(1), Sch. 29 para. 31(3) (with regs. 1(3), 77-79, Sch. 4)
F3Words in reg. 9 substituted (12.3.2015) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Fines on Summary Conviction) Regulations 2015 (S.I. 2009/1927), reg. 1(1), Sch. 4 para. 76
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